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2015 (11) TMI 243 - AT - Central ExciseDenial of CENVAT Credit - Invocation of extended period of limitation - held that:- Prior to reference of this Vandana Global Ltd case [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) ] to the Larger Bench of this Tribunal, in various judgments the Tribunal allowed the credit of structural steel item and thereafter one of the Division Bench of this Tribunal had contrary view and matter was referred to the Larger Bench. Under this position of law on the issue of Cenvat Credit in respect of structural steel items assessee had bonafide belief and rather bound by the judgment of this Tribunal wherein Cenvat Credit was allowed therefore it cannot be alleged that the appellant has suppressed the fact or any ingredient as provided under proviso to Section 11Ac is applicable in the fact and circumstances of the case. The case of N.R. Agarwal Industries [2014 (5) TMI 603 - GUJARAT HIGH COURT], Hon'ble Gujarat High Court has held that longer period of limitation is not invokable in the case of Cenvat Credit availed in respect of goods namely Angles, Channels, Tubes Rails etc. In all other judgments cited by the Ld. Counsel, this Tribunal has taken consistent view that since admissibility of Cenvat credit in respect of structural steel items is an issue of interpretation of Cenvat Rules, therefore extended period of limitation is not invokable. - Decided in favour of assessee.
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